Experience

Shortlisted as PI/Clinical Negligence Silk of the Year 2017.

Simon was again recommended in 2016 by the Legal 500 and Chambers UK as a Leading Silk in a number of Practice Areas. He is an experienced litigator and advocate, be it in the fields of insurance, professional negligence and professional regulation, catastrophic brain and spinal injury or costs and litigation funding. Another area of expertise is conducting Group Litigation, most notably in the civil phone hacking litigation concerning News of the World and the Mirror Group.

As a Leading Silk he is at the very forefront of the development of the law and procedure in the higher courts having been lead counsel in Mitchell v News Group Newspapers [2014] and Yentob v MGN [2016]. In addition to his highly praised oral and written advocacy Simon drafts highly complex and high value legal documents.

He has been instructed in a number of high profile cases for well-known individual and corporate clients acting for both Claimants and Defendants. He has regularly acted in claims concerning both UK and foreign jurisdictions, including disputes occurring offshore concerning breach of duty and contract.

He is qualified as a Mediator and Arbitrator.

Directories

“A standout individual who has considerable expertise in costs cases associated with heavy commercial and group litigation. He’s always very practical; he thinks through the consequences and is five steps ahead of everyone else.” “He knows all the rules and regulations, and knows exactly which buttons to press.”
Chambers & Partners 2017 (Costs)

“Noted for expertise in catastrophic brain and spine injuries, which he regularly handles on behalf of major insurers and leading claimant solicitors. Over the course of his celebrated career, he has also developed a strong reputation for aviation accidents, clinical negligence cases and cross-border litigation.  A pleasure to instruct.”
Chambers & Partners 2017 (Personal Injury)

“He is polished: there is absolutely no padding in his advice; it is what you need to hear without any flannel. He is also very good at handling difficult clients. He is an excellent QC”
Chambers & Partners 2016

“He’s got a really good aura in court and can put even the most complicated points across clearly and in a succinct fashion. An excellent QC who has a very smooth manner with clients.”
Chambers & Partners 2016

Simon Browne QC is “an excellent leading counsel, and is always fully prepared be it for advising in consultation or presenting in court” and is recommended by the Legal 500 as a Leading Silk.
Legal 500 2016

Appointments

Barrister Assessor in the High Court
(2007 to date)
Appointed by the Lord Chancellor to sit as a Barrister Assessor in the High Court on Appeals

Chairman of Bar Tribunals and Adjudication Service
(2013 to date)
Appointed to sit as chairman of the barrister disciplinary tribunals

Costs Committee of the Civil Justice Council
(2013 to date)
Appointed by the Master of the Rolls to sit as a member of the Civil Justice Council

Joint Tribunal of the Bar Council and the Law Society
(2013 to date)
Appointed by the General Council of the Bar to sit as a barrister representative on the Joint Tribunal

Simon is a qualified Mediator and Arbitrator and may be appointed to adjudicate under any dispute proceeding through Alternative Dispute Resolution

Professional Memberships

Professional Negligence Bar Association (PNBA)
Personal Injuries Bar Association (PIBA)
British Association of Sport and the Law (BASL)

Public Access

Undertakes Public Access work

Mediator

Qualified Mediator

Connect

Simon Browne QC appeared for the successful Respondents in the Supreme Court [2017] UKSC 33 under the title of Times Newspapers Ltd. (Appellant) v Flood (Respondent); Miller (Respondent) v Associated Newspapers Ltd (Appellant); Frost and Other (respondents) v MGN Ltd (Appellant)

Three national newspapers (The Times, Daily Mail, and The Mirror) were attempting to avoid paying any additional liabilities (success fees and ATE premiums) to privacy and defamation claimants funded by conditional fee agreements. The challenge was based upon the newspapers’ freedom of expression under Article 10 of the European Convention of Human Rights.

Briggs and 598 Others v First Choice Holidays & Flights Limited

Simon Browne QC, representing 599 holidaymakers who fell ill at a resort, successfully appealed against a decision certain claimants should have engaged in ADR prior to progressing their claims through the courts. Mr Justice Singh in delivering his judgement enunciated two important points of principle concerning the use of ADR.

Frost & Ors v MGN Limited

Supreme Court. Newspaper Article 10 challenge to the payment of Additional Liabilities. Simon Browne QC appeared for 23 separate Respondents in a three day challenge in the Supreme Court by the Appellant Newspaper (The Mirror) to pay success fees and after the event insurance premiums to successful litigants in publication cases, namely the phone hacking litigation. The newspaper argued that the payment of such additional liabilities amounts to a breach of their Article 10 right to freedom of expression under the Human Rights Act.

ABC v Southend University Hospital Trust

Simon Browne QC represented the Claimant (now aged 8 years) in a multi million pound a cerebral palsy case. He is severely disabled by tetraplegic dyskinetic cerebral palsy level 4/5. Liability was ordered to be tried as a preliminary issue. Settlement on liability was reached at a round table meeting shortly before trial.

Hannah Bhadri v Dr Hariram and Dr Freed

Simon Browne QC represented the Claimant in this clinical negligence case against two GPs. The Claimant  was born with subluxation (partial dislocation) of her hips bilaterally. The Claimant’s condition was not identified until she was aged 4 ½ – 5 years old when she complained of pain and limping. Following referral to Great Ormond Street she underwent major hip surgery which will also have to be repeated later in life.

Byrne v Estate of Lawrence Bickham & Brighton and Hove Bus Company

Simon Browne QC represented the insurers of the bus company in this case of both personal injury and insurance law. The Claimant was a blameless pillion passenger on a motor cycle suing the rider and the bus company for an accident rendering her seriously injured as he crashed at over 70mph. The Estate and RTA Insurer of the deceased rider admitted liability. Nevertheless they (1) sought to apportion some negligence against the co-defendant bus driver and (2) more importantly sought to avoid the motor cycle policy of insurance.

GULATI & ORS v. MGN Ltd [2015] EWCA CIV 1291

Instructed as common costs counsel for the group litigation claimants arising out of mobile telephone voicemail interception against the Mirror Newspaper Group.

Construction Industry Vetting Litigation [2015] EWHC 3543 (QB)

Instructed by MacFarlanes on group litigation for restraint of trade and defamation and costs budgeting of multi million pound projections

Yentob v MGN Ltd. Court of Appeal [2015] EWCA Civ. 1816

Simon Browne QC successfully upheld the Part 36 costs order in favour of Alan Yentob in the Court of Appeal. Mr Justice Mann had made no order for costs after Mr Yentob was awarded £85,000 but failed to beat Mirror Group’s Part 36 offer. The justice of the case demanded that Mr Yentob was not to be penalised in costs.

http://www.pressgazette.co.uk/content/trinity-mirror-loses-legal-bid-force-alan-yentob-pay-its-legal-costs-over-hacking-claim

Lindberg v Flying Aces Limited High Court

Acted in High Court proceedings in London of a case involving both liability and quantum in fatal air crash accident during competitive air race in Malta

Sale v. Sale High Court

Nicola Davies J. Award equating to £14 million for teenager with complete tetraplegia. The Court approved settlement provided for a lump sum of £3.2m plus annual periodic payments for aids, therapies, 24-hour care and loss of earnings. Although the award is equivalent to £14m over her lifetime the insurer provided a reverse indemnity for care provided by the PCT which was mutually beneficial to both parties.

L -v- F

Led by Simon Browne QC on behalf of a claimant who suffered serious leg injuries in a road traffic accident. The claimant was a diabetic and the injury led to a below knee amputation. The claim involved complex future loss claims and life expectancy issues. The claim settled at a JSM in 2013 for around £850,000 on a full liability basis.

Walker Construction v Quayside Homes Ltd [2014] COURT OF APPEAL EWCA Civ 93

Appellate decision on the exercise of the court’s discretion on costs when successful Claimant recovered less than 6% of the original pleaded claim, and where trial judge failed to consider the reasonableness of a Calderbank offer made by the Defendant.

Mitchell v News Group Newspapers COURT OF APPEAL [2014] 1 WLR 795

Representing the MP, Andrew Mitchell, in the Court of Appeal in the well-known relief from sanction / cost-budgeting appeal.

Pickering v Eaton Aerospace High Court

Successful industrial disease claim on behalf of employee exposed to working mineral oils over twenty years where breach of duty of care and causation were denied

Sylvia Henry and News Group Newspapers Limited [2013] EWCA Civ 19

Appeared for the successful Claimant in the Court of Appeal when the test was laid down for demonstrating good reason to depart from costs budgets which are to be introduced in the majority of all litigation from April 2013

Lawrence v. Kent CC [2012] EWCA CIV 493 - Court of Appeal

Guidance given by Court of Appeal upon the approach appellate court should take to appeals on questions of contested fact determined by the Trial Judge as opposed to matters of discretion

Partners in Costs Magazine

21st February 2017

Simon Brown QC and Shaman Kapoor are contributors to the Spring Edition of the PIC Magazine.  The Pitfalls of Refusing ADR by Simon Browne QC.  The Heat is On by Shaman Kapoor.


Further news and articles by Simon Browne QC

25th January 2017

For further news and articles by Simon Browne QC on the development of the law please view link below


View External Link

Litigation Funding

18th February 2016

Various articles on costs litigation posted


Journal of Personal Injury Law

18th February 2016

Various articles posted on personal injury law


Greenslade on Costs

31st January 2009

Editorial Board of Sweet and Maxwell Practitioner Book


Supreme Court Victory

11th April 2017

Simon Browne QC and James Laughland appeared for two separate successful Respondents in the Supreme Court. Three national newspapers (The Times, Daily Mail, and The Mirror) were attempting to avoid paying any additional liabilities (success fees and ATE premiums) to privacy and defamation claimants funded by conditional fee agreements. The challenge was based upon the newspapers’ freedom of expression under Article 10 of the European Convention of Human Rights

Read more

Briggs and 598 Others v First Choice Holidays & Flights Limited

13th February 2017

Simon Browne QC, representing 599 holidaymakers who fell ill at a resort, successfully appealed against a decision certain claimants should have engaged in ADR prior to progressing their claims through the courts. Mr Justice Singh in delivering his judgement enunciated two important points of principle concerning the use of ADR.

Read more